from Wiktionary, Creative Commons Attribution/Share-Alike License
- adj. Not transformative.
Lower courts, such as the California Supreme Court in the Saderup and Polydoros cases, have held that the right to publicity is constitutional as applied to nontransformative uses of people’s names and likenesses without their consent.
Some lower courts, most notably the California Supreme Court, have held that “nontransformative” use of another’s name or likeness, such as a T-shirt or a coffee mug that merely contains a celebrity’s picture, may also be restrictable.
On the other hand, nontransformative uses, such as Saderup’s charcoal drawings of the Three Stooges in which the California Supreme Court Justices could “discern no significant transformative or creative contribution”, are unprotected by the First Amendment, and may lead to a right of publicity lawsuit.